Category Archives: Law of Torts

Law of Torts is a civil law that provides for common law remedies against tortious actions of others. It applies in cases of legal injury to a person. We at Legal Bites provide you with study material on the law of torts to help you grasp difficult concepts in an easy manner.

Remoteness of Damages | Explained

Meaning and Concept: Remoteness of Damages It is quite simple, once the damage is caused by a wrong, there have to be liabilities (conditional to some exceptions). The question remains how much liability can be fixed, and what factor determines it. The doctrine of the remoteness of damages is one such principle. An event constituting a wrong can constitute……...

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Medical and Professional Negligence

This article deals with  Medical and Professional Negligence in detail. Emphasis is laid on Landmark cases and essential ingredients. I. Introduction Medical negligence is a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way it is an act recklessly done by a person resulting……...

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Vicarious Liability – Concept, Origin and Relations Governed by it

Introduction Vicarious liability is a theme of “Law of Torts” before proceeding to this topic it’s equally important to know about the law of torts. The word originates from the Latin term “tortum”, meaning twisted that was used to denote ‘twisted, incorrect conduct’. Described as a class of actions that was distinct from breach of contract, hence a……...

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Absolute Liability: A journey from Strict Liability

Strict Liability and Absolute Liability The journey of the evolution of a legal principle cannot be better understood through the study of any other principle than of absolute liability principle. It starts from a case of causing private nuisance/harm to a person, arising in the 19th century England, where the court establishes a principle of ‘strict liability’ and……...

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Malicious Prosecution

Introduction Malicious Prosecution is a civil as well as criminal wrong which brings a civil suit as well as a criminal proceeding. Malicious Prosecution is firstly described under Law of Torts and it is also mentioned under Indian Penal code. Meaning Malicious Prosecution is an institution of a civil or criminal proceeding by a person against another person……...

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Assault, Battery and Mayhem – Trespass to the Person

INTRODUCTION Assault and Battery are two terms that are used interchangeably extremely often. In one’s mind, the term ‘assault’ means to physically hit or injure another, but it is not so. They are two distinct legal terms. In reality, it is ‘battery’ that means the action of physical force upon a person, whilst ‘assault’ refers to attempting battery……...

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Contributory and Composite Negligence

Introduction In the case of contributory negligence, a person who has himself contributed to the extent cannot claim compensation for the injuries sustained by him in the accident to the extent of his own negligence; whereas, in the case of composite negligence, a person who has suffered has not contributed to the accident but the outcome of a……...

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Rules of Strict and Absolute liability

Strict Liability Strict liability is the principle which evolved from case of Rylands v. Fletcher in the year 1868. This principle clearly states that a person who keeps hazardous substances in his premises, is responsible for the fault if that substance escapes in any manner and causes damages. This principle stands true if there was no negligence on……...

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Remedies in Torts

Introduction The two principal remedies available to the victim of a tort are damages to compensate for the harm he has suffered and, where appropriate, an injunction to prevent future harm. Damages is the predominant remedy. Certain forms of self-help, such as abatement of a nuisance or self-defence, can be regarded as remedies, but the courts do not……...

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Damnum Sine Injuria and Injuria Sine Damno

Damnum Sine Injuria It means damage which is not coupled with an unauthorized interference with the plaintiff’s lawful right. Causing of damage, however substantial, to another person is not actionable in law unless there is also the violation of a legal right of the plaintiff. In Gloucester Grammar School case, the defendant had set-up a rival school to……...

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